Quick Answer
US law (FALCPA) requires the nine major food allergens — milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame — to be declared in plain language on food labels. Advisory 'may contain' statements are voluntary, unregulated, and indicate manufacturing cross-contact risk. Always read both the ingredient list and allergen statement on every purchase.
FALCPA and the Nine Major Allergens
The Food Allergen Labeling and Consumer Protection Act (FALCPA, 2004) requires that the eight major food allergens be declared in plain language on US food labels, either within the ingredient list or in a separate 'Contains' statement. The FASTER Act (2021) added sesame as the ninth major allergen, effective January 1, 2023.
The nine allergens that must be declared are: milk, eggs, fish (must specify species, e.g., 'salmon'), Crustacean shellfish (must specify species, e.g., 'shrimp'), tree nuts (must specify type, e.g., 'almonds'), peanuts, wheat, soybeans, and sesame. Declarations must use common names — 'casein (milk)' is valid; 'casein' alone is not sufficient.
- Look for: 'Contains: milk, wheat, soy' — the allergen statement below the ingredient list
- In the ingredient list, look for the allergen in parentheses: 'whey (milk)'
- Fish and shellfish: species must be specified
- Tree nuts: each type must be named individually
- Sesame must be declared on all products sold in the US from January 1, 2023
Advisory Labels: 'May Contain' and 'Manufactured In'
Advisory labeling statements — 'may contain traces of peanuts,' 'processed in a facility that also processes tree nuts,' 'may contain milk' — are completely voluntary and unregulated in the United States. There is no FDA standard for when these statements must be used, what level of allergen cross-contact they represent, or how they should be worded.
Studies have measured actual allergen levels in products with advisory labels and found great variability — some contain clinically relevant allergen levels, others are essentially allergen-free. The lack of standardization makes risk assessment difficult. The general recommendation from FARE and leading allergists is that patients with a history of severe reactions should avoid products with advisory labels for their specific allergen, while those with milder histories may make individual decisions.
Common Label Traps and Hidden Allergen Names
Food allergens appear under many alternative names in ingredient lists. Milk-derived ingredients include casein, caseinate, whey, lactalbumin, lactoglobulin, ghee, and nougat. Eggs appear as albumin, globulin, lecithin (if egg-derived), lysozyme, mayonnaise, and meringue. Wheat appears as durum, einkorn, emmer, farro, kamut, semolina, spelt, triticale, and vital wheat gluten.
Peanut derivatives include mixed nuts, ground nuts, monkey nuts, beer nuts, and artificial flavoring (which may be peanut-based). Soy is ubiquitous in processed foods as soy lecithin, soy protein isolate, textured vegetable protein, miso, edamame, and soy sauce. Tofu and many vegetable broths contain soy. Cross-reading all ingredients on every purchase is essential — formulations change without visible notification.
Restaurant and Menu Labeling
Unlike packaged foods, US restaurants are not federally required to declare allergens on menus, though some states (Massachusetts, Rhode Island) have implemented restaurant allergen disclosure laws. When dining out, the most reliable approach is to speak directly with the kitchen manager or chef, describe your allergen clearly, ask about preparation methods and shared equipment, and confirm no allergen-containing ingredients are used in your dish.
International travel adds additional complexity — labeling laws vary widely by country. The EU requires declaration of 14 major allergens on all food products. Canada requires the same 9 as the US plus mustard and sulphites. Carrying laminated allergen translation cards in the local language is essential for safe dining abroad.
Key Takeaways
- FALCPA requires plain-language declaration of the 9 major allergens on all packaged US food labels.
- Advisory 'may contain' statements are voluntary and unregulated — no standard exists for allergen levels they represent.
- Allergens appear under many alternative names — learning ingredient synonyms is essential for safe shopping.
- US restaurants are not federally required to declare allergens on menus — always speak with the chef or manager.
- EU law declares 14 allergens; carrying allergen translation cards is essential for international travel.
Related Guide
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